Washington v. Ibarra-Cisneros

Docket No. 82219-1 (from Court of Appeals Division III Case No. 25735-5)  Facts:  The home of Adrian Ibarra-Raya, the brother of petitioner Gilberto Ibarra-Cisneros, was subjected to a warrantless search by police officers that revealed marijuana and resulted in Ibarra-Raya’s arrest.  Police officers subsequently used Ibarra-Raya’s cellular phone to arrange a meeting with Ibarra-Cisneros that resulted in his arrest when he was found to be in possession of cocaine.  Ibarra-Raya and Ibarra-Cisneros were subsequently convicted in the Superior Court for Walla Walla County of possession of marijuana with intent to deliver and possession of cocaine, respectively.  Both appealed and the Washington Court of Appeals reversed Ibarra-Raya’s conviction but affirmed Ibarra-Cisneros’s conviction.  The Washington Court of Appeals held that while the warrantless search of Ibarra-Raya’s home was unlawful and the evidence derived from it therefore inadmissible, the evidence found in Ibarra-Cisneros’s possession was too attenuated from the search to be subject to the exclusionary rule. Continue reading